Summary conviction appeal on charge of refusal to provide a screening breath sample. Various arguments advanced at trial. Trial judge convicted by adopting the “Crown’s argument and all those submissions.”
Held: Appeal dismissed.
The trial judge was “an active participant” throughout the trial as evidenced by numerous exchanges between counsel and the Court. “I see no difficulty in the trial judge … with full knowledge of the facts, issues and the law – being in a position where he could come to the conclusion that aligns with the Crown counsel’s submissions.” In accordance with Cojocaru, 2013 SCC 30: ” … a judge’s failure to adhere to best practices does not, without more, permit the judge’s decision to be overturned on appeal.”
E. O’Neill – Defence Counsel